As Agency Apologises over Unauthorised Advert

Raheem Akingbolu reviews the aftermath of the debate that trailed the exposure of an unauthorised advert material, “All Eyes on the Judiciary” and calls on players in the creative and marketing industry to always give priority to professionalism over emotional and primordial interests

The marketing communication industry and by extension the nation’s political landscape were overwhelmed last week following an unusual campaign, “All Eyes on the Judiciary,” splashed on billboards in some cities in the country. While players in the industry took the debate from ethical angle, members of the public, including the apolitical elite, viewed the campaign as a subtle approach to blackmail the judiciary and heat up the polity.

Within 24 hours of putting up the billboard, the Advertising Regulatory Council of Nigeria (ARCON), set the record straight by declaring it an illegal campaign that was exposed without approval. ARCON didn’t only condemn the material but went ahead to wield the big stick, which led to the dissolution of the Advertising Standard Panel (ASP), and suspension of two senior officials of the Advertising Regulatory Council of Nigeria (ARCON). The council argued in a press statement issued to that effect that the advertisement was a blackmail against the Nigerian Judiciary, the Presidential Election Petition Tribunal and particularly the Honourable Justices of the Tribunal, who are expected to discharge their judicial functions without fear or favour over a matter that is sub-judice.

In a new development and in what many members of the public have described as the best way to go, the agency behind the controversial ad exposure, Intercontinental Marketing & Comm. Consortium Limited, has tendered an official apology to the Advertising Regulatory Council of Nigeria (ARCON).

While the apology letter attracted commendation, some experts in the industry and concerned members of the public have called out the other firm -Alphamega Communications Limited, that was said to have reviewed and reedited the material earlier approved by the regulatory body to come out too to either apologise or state its angle of the story.

In a now widely circulated letter signed by the Managing Director of Intercontinental Marketing & Communication Consortium Limited, Stephen Ogboko, dated 17th August 2023 and addressed to the Chairman of the Advertising Standard Panel (ASP), the agency acknowledged its breach of Article 24(a) of the Nigeria Advertising Practice code. This article stipulates that all advertising, marketing communications, and related materials must undergo ARCON’s vetting process and secure the approval certificate of the Standards Panel prior to public exposure.

According to the letter, “We sincerely apologize for this and state that our action was not intentional,” the agency wrote. Explaining its side of the story, the agency explained that it actually got a verbal approval from one Markus Inji Lukman, who was said to be an ARCON liaison officer.

“We are deeply disappointed that this happened and are awfully sorry for any inconvenience it has caused. We would never knowingly do anything to violate the law or the regulations guiding advertising practice, jeopardize our practice license, or bring disaffection to our dear country’s judiciary. We have already taken steps to ensure that this does not repeat itself. We will be requiring all future advertisements to be vetted from the ARCON Lagos office through our staff in Lagos. Once again, we apologize and hope that you will consider our explanation. We are committed to working with you to ensure that this does not happen again.”

While the industry responds to this development, some experts, such as Obiechefu Emmanuel, a marketing professional with expertise in media buying, have raised concerns about the agency’s actions. “I have been buying media in this market for over a decade and I can tell you authoritatively that you do not deploy ad materials without an approval certificate from the ASP. How do you go ahead to deploy because someone somewhere in ARCON office gave you verbal approval? Why the hurry in the first place? I don’t think even the Director-General can ask you to go ahead and deploy without an approval certificate.”

Olusegun Sasegbon who also plays in the space, suspects there is something more. Sasegbon said: “As a professional and as an agency we all know that verbal approval by anybody in ARCON setting does not translate to an approval certificate. I think it is part of the law that an approval certificate must be obtained before the exposure of material. It is just like saying that you can go ahead and take a trip to the United States because someone in their embassy has given you assurances that your visa application has been granted and your passport will be sent to you after your trip. This could be a form of compromise between the agency and the ARCON staff. In this country, nothing is impossible.”

Likewise, Ibezim Okpala presents an alternative perspective, suggesting that the agency’s swift action may have been driven by an understanding that the campaign might not receive ARCON’s approval. He highlights the extensive social media traction garnered by the campaign, emphasizing the apparent success of its intended impact. “I am sure the agency is aware its ad material will not scale through the vetting process, hence it quickly deployed, achieved what it intended and waited for the consequence of their action.

“You only need to go on social media to see the millions of impressions images of the messages on boards and the buzz it generated to understand that the intent by those behind the message has been achieved. I believe the apology shared by the agency is just a mere formality,” he said.

Meanwhile, THISDAY findings have revealed that ARCON is considering a legal action against Alphamega Communications Limited, the other agency who was culpable in the action, for making unauthorised edits to the approved material.

One of the stakeholders observed that the implications of the situation extended beyond mere unauthorised edits, transcending into questions of integrity, accountability, and adherence to established protocols, the very foundation of the approval process for such critical and influential communications rests upon a delicate balance of trust, transparency, and adherence to established guidelines.

Betty Eromosele another expert in the industry, said: “All Eyes Are Now on ARCON” to see how it will handle all the issues arising from the ‘All Eyes on the Judiciary’ saga.